he's accused of attacking three women inside their apartments during a six-week span. the most recent, this past tuesday. a contra costa sheriff steve warren laid out the charges. >> he's currently being held in custody at the martinez detention facility. on numerous charges. one charge of rape, two charges of attempted rape, and can three separate charges of burglary. his bail is currently set at $12 million 450,000. >> investigatorses say it took them a couple of days to confirm they had the right man. they were waiting for dna results. i just called the apartments a few minutes ago and they say they are elited that this arrest has been made. we're live in martinez, bay area news. we're following developing story in the sierra where investigators say two people are dead after a small plane crash. the plane went down near the

community of immigrant gap which is about 70 miles northeast of sacramento. the faa believes the plane departed from auburn. it is unclear where the plane was headed. a hiker, apparently, found the wreckage. the plane was registered to monterey bay aviation in watsonville. the investigators are expected to arrive at the crash sight tomorrow morning. san francisco police searched a fremont home in connection with sunday's shooting death of a german tourist near union square. officers served the search warrant last night but have not made any arrests. the city is taking legal action against the owner and operator of the party space outside of where the shooting happened. an investigation found that some 400 people were at the event, the building's occupancy limit is 49. in a letter, city attorney dennis herera has aused the owner of unlawful business practices. a german woman was killed and two teenagers were wounded. police in antioch shot and killed a suspected burglar in an

early-morning shootout after investigators say the suspect opened fire on officers and a police dog hitting the dog. it happened on d street near highway 4 at about 1:00 in the morning. a neighbor noticed something was going on at the house and knew the people who lived there were on vacation. the man that was killed was identified at 29-year-old christopher johnson. the police dog, by the way, is expected to make a full recovery. the officers involved are on routine leave during the investigation santa clara county sheriff's deputies investigate a body found on a remote ridge between morganhill and gilroy. they found it before 2:00 following a report of suspicious activity. police have been able to determine the body is that of an adult male with at least one gunshot wound but haven't released the man's identity. detectives in oakland are searching for a man who killed a truck driver after a fight at the port of oakland. the police released this sketch today of the suspect in the june killing who was believed to be a truck driver as well.

he is kriebd as a latino male with a shaved head in his 30s about 5'9" weighing about 180 pounds. crime stoppers is offering a $10,000 reward for information that leads to an arrest. well, school starts for many bay area children come monday. that means that it's a busy time of the year for students, parents and teachers. there is one group of teachers with a bigger challenge than most. just over a month ago, fire destroyed a good portion of san jose's trace elementary school. within days of the fire, though, the district said school would start on time. and it looks like it will. and as nbc bay area garvin thomas shows us, for one trace teacher, this cloud of smoke does have a silver lining. >> reporter: 72 hours until the students show up for the first day of school and there are many jobs left to finish at trace elementary school, both big and

small. >> i'm putting files away. >> this is a teacher with 15 years experience who says today she's feeling like a rookie. she must build her classroom from scratch, having to replace every pencil, every eraser, every single thing she used to use to teach first grade, until last month, of course. >> my room was in the back of the building. and it was completely devastated. there was absolutely nothing left. it was ashes just twisted metal and ashes. it was incredible. >> reporter: the entire school has come a long way in an amazingly short time.en still, the entire school year promises deliver its fair share of frustration. >> as i come across things and need them and they're not there. >> reporter: yet, in spite of everything that happened this summer and all the challenges that still lie ahead, then any says she's a silver lining in all of this. in fact, she says she sees two. first, there are ways to make the best of a fresh start.

>> everything is new. it made me put up fresh bulletin boards and rethink my classroom. so it was good for me in a way. >> reporter: then, there's the way the community has responded to the disaster. raising money, donating supplies, expressing sympathy. >> it's a shame that i takes a tragedy for everybody to pull together but everybody has been fantastic. >> reporter: but just because everything may be ready on monday doesn't mean that things will be done on monday. for one, this teacher hopes the community won't forget the important work that's still ahead. in san jose, garvin thomas, bay area news. the demand for school supplies is unusually heavy this year because of the economy. people lined up for a backpack give-away today at san jose's sacred heart community center. some people were in line as early as 3:30 this morning. almost 2,000 backpacks were handed out. >> every little help counts.

and i'm glad that child support services is doing this because it really helps me out by being a single mom and not having to buy backpacks this year. >> h. >> the kids received health advice along with notebooks, pence and a $20 gift card to buy new shoes. a silicon valley hot shot purchased something new. nbc bay area bay yooish scott budman says you can file this bun under "heavy metal." apple is known for music and it's going metal striking a deal with a company called liquid metal to buy exclusive rights to use the company's metalal lies in portable electronic device. let the speculation begin as to how apple will put if product to use. a silicon valley feud has calmed. the chip companies and video company say they'll set aside their long-running fuel feud r a while. each company saw its share price rise by about 4%. not enough to boost the overall market.

stocks downs by the biggest margin in a month and a half despite slightly better retail sales' numbers. the retail sector hoped for a hot summer but have settled for barely lukewarm because consumers aren't spending any northern they have to. retail sales 4/10 of a percent last month, less than expected and another sign that consumers are still worried. >> consumers are saving money and paying down debt and now everybody is going, oh, my gosh, consumer spending is nowhere where it should be. consumers are making the rational choice. >> reporter: the white house hoped to convince america this was a recovery summer. the message now -- it could have been worse. >> it is going to to take a while to get out of that hole. >> reporter: meanwhile, retailers see a change in spending habits. >> a targeted need when they come in the store. i need this. i'm looking for -- oh so -- versus i'm here to shop because i'm out having fun. >> i have not scaled back on

shopping even though i probably should. >> reporter: dream customers like this are few and far between, shoppers like elizabeth are demanding deals. >> actually, i don't shop for anything that's typically not on sale. for me to buy something that's full price is pretty uncommon. >> they need to add extra on to your sale. it's that -- i'm saving an extra 30% off of the sale already going on. >> shoppers and shop keepers alike looking for any break they can get in tough economic times. >> as for what we're paying retail prices went up slightously mostly because of rising fuel costs. tom welcome ban to you. scott, thank you. it's been almost a month since oil stopped gushing into the gulf. today, admiral thad allen made it clear a permanent fix will take a little while longer. the decision was made today to continue drilling the relief well and to move forward with what engineers call "the bottom kill" pumping mud and cement into the bottom of the well.

>> we tried to assess options we have. everybody in is agreement. we need to proceed with the relief well and the question is how to do that. it mitigates risk. we could even put another blow-out preventer on because we've sealed the well at this point. that would take a longer period of time. >> engineers are working to determine what the next step may be. they hope to have answers some time this weekend. still ahead at 5:00, they're not old enough to drive but they're apparently old enough to fly alone. coming up, the children who caused a midair controversy. and a burger, fries and side of medication? the new recommendation about what fast-food restaurants should serve along with their meals. also ahead, the common pain reliever, now linked to a serious condition in teenagers. and the first look at video showing the escape by a jetblue flight attendant. and good afternoon. i'm your meteorologist, jeff

ranieri live in downtown san jose where mics are being checked and the stage is being set for one of the best jazz festivals in the nation. coming up, we'll hear from this young artist, and he's going to play a little something for us, too. stick and around. that's all in minutes with your forecast. [ male announcer ] when meg whitman arrived at ebay, they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs.

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surveillance video from jfk that shows us the moment the jetblue flight attendant slipped down the plane's emergency chute. you can see is chute deploy and moments later, flight attendant steven slater slides down. passengers say he went on a

profanity-laced tirade after a confrontation with a passenger. he was later arrested for the incident. well, state workers who are in the sights of governor schwarzenegger's furlough plans are upset that the governor has time to appear in a hollywood film while the budget goes unresolved. the movie "the expendables" is being released today across the state. state workers have planned protests encouraging people to boycott the film because of schwarzenegger's furlough and pay cut threats. >> you know, the governor has said, all he does is he has a cameo. that's really is what he's doing as governor is he only does cameos. he's not here and putting in the hours to help resolve any of the budget crisis. he's not showing up to help with the negotiations with any of the unions. he's just doing walk-ones. >> the governor spokesman defends his boss saying that f schwarzenegger spent a few hours working on the film on the weekend. hollywood is set to turn san francisco into a movie set for a

film about ernest hemingway. it will star clive owen as the author and nicole kidman as wash correspondent and love interest. it's expected to create about 230 temporary jobs and hbo will spend more than $10 million in the area and shooting is set to start in february. president obama signed a $ 00 million bill providing more security for the border between the united states and mexico. the law pays for a thousand more border patrol agents. it also provides for news communication equipment and increased use of surveillance drones. most of the funding would be wrads by increasing the cost of visas pyramiding foreign workers to work here in the united states. health news for you. chances are it's in your medicine cabinet right now. researchers say that one of the most common pain relievers has been linked to asthma in teens. nbc bay area cheryl heard

reports. >> acetaminophen, a popular pain relief. >> we've been using it for many years. >> given the long history it's generally considered very safe. acetaminophen is the active ingredient in tylenol and found in other pain relievers and cold medicines. but doctor also tell you, no drug is without potential side effects and a large new study of teenagers links acetaminophen use with increased risk for asthma. teen who is had never taken the pain reliever on a monthly basis had double the risk for asthma compared to those who had never taken it. it also linked the use for increased risk for that sal conjooegstion and eczema. >> it's important than association doesn't mean causation. >> their study doesn't mean acetaminophen causes asthma. it's possible that as mattthmai teens may have other problems.

the experts won't know for sure until they do larger studies of kids with asthma. >> give half of them acetaminophen and the other half something else like ibuprofen and follow them through time and compare the two groups to see who has more asthma problems. >> reporter: for now, doctors advise patients to follow the guidelines on product labels and use acetaminophen as directed. bay area news. how about it? a cheeseburger with statins on the side? researchers say fast-food restaurants could offset the health risk by eating fatty meals by providing cholesterol-lowering statins at the same time. it would cost 7 cents per customer. researchers say a fatty diet is far more dangerous and it likened taking a ta tin before eating to putting on a bike helmet before going for a bike road. >> that's an interesting

proposal. >> all right. well, guess where jeff ranieri is? he didn't get enough last night. >> and the weather is nicer tonight. >> there he is. he has himself a seat on the bench. life is good, huh, jim? >> reporter: i staked out some ground out here. i was back in the restaurant eating all night long and practicing a little bit of the music that i know. so we're out here at the chavez park here in san jose where the jazz festival will be getting under way in just about 15 minutes. now, people are starting to come on out here but, of course, the big performance at 7:30 with george clinton is when we expect this to be standing-room only out here at key czar chavez park here in san jose. we're expecting 100,000 people and 1,000 different artists. one of the artists that will approximately, a young artist, oscar pangollean. you're young, you're holding a saxophone. tell us about what you're going here and how you got involved.

>> i've been playing music for about 16 years now. started in middle school. and i'm actually playing with a band i started up called midnight salsa, a jazz hip-hop thing. so we're playing at 10:00 at the jazz and beyond stage. >> at 10:00 tonight? >> right. >> give us a little tune of some of the jazz you've got? sure. ♪ very nice. people can come and see you tonight? >> yeah. >> at 10:00. what stage? >> jazz and beyond stage. >> thanks for coming out and these are you other band members, right. >> and they'll be joining me on stage as well. >> let's look at the weather. tonight and beyond, what you'll find is we have some fog coming back as we head thought the night for the coastal areas. and then for the inland spots as we head throughout tomorrow temperatures will be warming up into the 80s for the south bay

and for the east bay with an area of high pressure not only in the southwest but also anchored over the pacific. that will really help to change our pattern from this milder weather we've been stuck in the past several days. let's look specifically at saturday. we're expecting some sun and some clouds. 80s inland and then for sunday, possibly even a few isolated low 90s in the extreme south bay. as for tonight, looking at 55 in livermore and 54 in fairfield and temperatures in the mid 50s on the south bay. the weekend is just hours away. temperatures in the upper 70s to near 80 for month of many of our inland locations. san jose jazz festival happening not only tonight when it starts but also, for saturday and sunday where they are expecting over 100,000 attendees and we're looking at temperatures in the 60s and 70s in those evening hours. and only $15 if you come out and 12 and under, you get in for

free. your seven-day forecast has plenty of upper 80s in it as we head throughout' the next couple of days. finally, a summer trend i'm trying to get back on that seven-day forecast. in just about 12 to 15 minutes, we're expecting our first performance up here on the stage and once again, at 7:30, we have george clinton out here and that's when everyone after work is expected to come out and it should be standing-room only so we'll be live out here to that and we'll have more details coming up. >> you're a lucky man and what a lovely night it is in downtown san jose. >> pretty nice. >> all right, jeff, see you later on. still ahead at 5:00, looking for something to do this weekend? we'll tell you about the free attractions across the bay area. and airline policy under scrutiny tonight after shocking de nv

well, you might wonder in this day of heightened airline

skirt how something like this could happen. >> three children from jacksonville, florida, 11, 13 and 15 years old walked up to a southwest airline's counter and purchased last minute tickets with cash but without their parents. >> the kids say that no one even asked for their i.d.s. natalie morales tells us more. >> reporter: it all began when this 15-year-old by legitimate brown saved $700 f

. finally tonight, looking for something free to do this weekend? the national park service is answering the call. entry fees will be waived for all national parktion including yosemite as part of a push to get families into the great outdoors. participating parks in our area, there it is. yosemite, of course and the john national historic park. the national monument and the san francisco maritime national historic park down by pier 39. the free weekend does not cover, of course, camping fees and tours and other concessions. but those that want to go it's free. >> i do know this. i don't see any fog around there. so it must be woods. >> so it's not around here. all right, everybody. thanks for being with us.

"the nightly news" is coming up next. thanks for joining us. more local news at 6:00. see you then. good nig